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cc-licenses - Re: [cc-licenses] Version 3.0 - Public Discussion

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Subject: Development of Creative Commons licenses

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  • From: Mia Garlick <mia AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Version 3.0 - Public Discussion
  • Date: Thu, 10 Aug 2006 11:01:33 -0700

good question. i think it kind of depends on how the discussion goes. ideally i would like to have it wrapped up around the beginning of september (so around 4 weeks) but that's flexible if the discussion seems like it needs to continue...

On Aug 10, 2006, at 5:33 AM, Paul Keller wrote:

Hey Mia,

thanks a lot for posting this and doing such an excellent summary of
the previous discussions. i have one small question at the moment, is
there a deadline for the public discussion period or will it go on as
long as necessary?

all the best from amsterdam,
paul

On Aug 9, 2006, at 11:21 PM, Mia Garlick wrote:

# Public Discussion of Version 3.0 Launched:

As was mentioned a little while ago (http://lists.ibiblio.org/
pipermail/cc-licenses/2006-May/003557.html), we are looking to move
ahead with versioning the CC licenses up to version 3.0 to improve
the clarity of the terms of the licenses and to address some
concerns of one of our first and very prominent license adopters —
MIT, with their OpenCourseWare project (http://ocw.mit.edu/), and
to also take on board the concerns of the Debian group about the
clarity of some provisions of our licenses.

# New US and "generic" license

Another big feature of version 3.0 is that we will be spinning off
what has been called the "generic" license to now be the US license
and have crafted a new "generic" license that is based on the
language of international IP treaties and takes effect according to
the national implementation of those treaties. This may only be
something that gets IP lawyers excited but I thought it might be
good to share this draft with the community as well in order to
ensure full transparency and in case people were interested and/or
had any comments.

# Anti-DRM language - possible parallel distribution language

Finally, there has been much discussion - preparatory to releasing
these drafts to the public - about whether to amend the CC licenses
to include a "parallel distribution" amendment to the existing
"anti-DRM" (or more correctly an "anti-TPM" (technological
protection measures)) clause of the CC licenses. As you probably
now, the existing clause of the Creative Commons licenses states that:

"You [being the licensee, not the licensor] may not distribute,
publicly display, publicly perform, or publicly digitally perform
the Work with any technological measures that control access or use
of the Work in a manner inconsistent with the terms of this License
Agreement."

As you can see from the drafts below, version 3.0 includes
amendments designed to make this language clearer. But there are
some in the Debian community that feel that this renders the CC
licenses inconsistent with the Debian Free Software Guidelines
(http://www.debian.org/social_contract#guidelines) (although the
group has deemed the FDL, which has similar if not stronger "anti-
DRM" language in it, DFSG-free http://www.debian.org/News/
2006/20060316) and that if CC introduces parallel distribution
language we could achieve both freedom of content and freedom to
code for open and closed systems (see this discussion for an
explanation of the reasoning behind allowing TPMs on free content:
http://evan.prodromou.name/Free_content_and_DRM). The parallel
distribution provision essentially says that a licensee can apply a
technological protection measure to content only if they also
release the content in an unrestricted format.

However, our international affiliates (http://creativecommons.org/
worldwide), as well as others in our community, are strongly
opposed to the introduction of this amendment for various reasons,
including: (1) lack of demonstrated use cases showing a strong need
among CC licensees for this kind of an exception to the existing
"anti-TPM" language; (2) risks of unduly complicating the licenses
which defeats alot of the point of CC licenses being to be simple
and easy to use and understand; and, (3) the strong opposition to
technological protection measures by many in the CC community
generally.

Consequently, CC is currently not proposing to include this new
parallel distribution language as part of version 3.0; however,
because it is not clear whether the Debian community will declare
the CC licenses DFSG-free without it and because it represents an
interesting proposal, we felt that it was appropriate to circulate
the proposal as part of the public discussions of version 3.0.

The discussion about version 3.0 will occur on this cc-licenses list.

Below are drafts of the US v 3.0 license, the new "generic" v 3.0
license and the parallel distribution language.

<BY-NC-SA v 3 (080806) (US).pdf>

<BY-NC-SA v3 (0808060) (generic).pdf>



<2ndmarkupDRMclause#2.pdf>

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